WERE YOU ILLEGALLY DETAINED?

A Quick Primer on the Fourth Amendment and The Fruit Of The Poisonous Tree Doctrine and how they may apply to your case

The Fourth Amendment to the U.S. Constitution

The 4th Amendment protects people from illegal police searches and seizures. The police cannot stop and detain you or search your belongings without reasonable suspicion, or in some cases probable cause, that a crime has been, or will be, committed.

​

What Is An Illegal

Detention?

This occurs when police take away a person's freedom to leave (or when one does not feel free to go). A few examples (there are many possibilities): Stopping a car for an illegal or made up reason or stopping a person and demanding they speak when there is no reasonable suspicion of illegality or criminal wrongdoing.

​

What is an Illegal

Search?

Police must have probable cause (a higher burden than reasonable suspicion) before they can search. An example of an illegal search: Searching a vehicle or home for a fake reason or when there is no specific evidence of illegal activity (a simple hunch or feeling that there may be something going on is not enough).

​

What Can Happen If I Was Illegally Searched or Stopped

The Fruit Of The Poisonous Tree Doctrine: Evidence obtained as the result of an illegal police search or seizure is tainted and inadmissible in court. This means a criminal attorney can file a Motion to Suppress the evidence and in some cases it can result in the entire case being dropped.

​

Can my Case

Get Dropped?

Fourth Amendment law is very complex and it will depend on the specific and unique facts of your case. Possession of drugs cases are sometimes filled with 4th amendment issues. An experienced criminal defense attorney can tell you if there are illegal search and seizure issues in your case.

​

If you have been arrested and charged with drug possession we can help you. From misdemeanor marijuana possession to large scale opiate, cocaine, and methamphetamine trafficking; we represent all drug charges. We have the legal skills and knowledge to get your possession of drugs case dropped and keep you from going to jail.

​

We Know How To Beat Drug Possession Charges

Drug possession cases are often filled with legal issues (or problems) for the state, such as illegal detentions, illegal searches, and illegal seizures.

A good drug possession lawyer will:

​

Have a complete understanding of Fourth Amendment Constitutional Law

​

Recognize illegal conduct on the part of the police

​

Know how to write and argue a winning Motion to Suppress for a drug possession case.

​

If There Are No Drugs Then There Is No Case!

If the police did not do things right and violated constitutional law, then all the evidence found as a result of their illegal search or seizure is subject to suppression. This means it cannot be used in court as evidence. Oftentimes in narcotics possession cases, the only evidence of a crime is the drugs. Therefore, if there are no drugs, then there is no case.

​

Sometimes narcotics possession cases are not beatable. If the case is bad, the best course of action may be to begin negotiating with the prosecutor. Negotiating with the prosecutor is an art form that is learned through experience.

When cases are particularly bad for the defense, a good drug possession attorney will think "outside the box" and find creative ways to ensure that the client gets the best deal possible.

​

What Is Mitigation Evidence And How Can It Help My Case?

One way of "thinking outside of the box" is to present what is referred to as mitigation evidence to the prosecutor. Some possible examples of mitigation evidence in the context of a drug possession case are:

​

The defendant is employed

Past hardships in life the defendant has suffered

Evidence that the defendant supports a family

The defendant's lack of criminal history

The completion of a rehabilitation program

Attending NA or AA meetings--getting help for a drug problem

Paying restitution to victims

Evidence the defendant suffers from mental health issues

Evidence the defendant suffers from a medical condition that could explain drug seeking behavior

​

We Do Everything In Our Power To Keep Our Clients From Going To Jail And To Get Them The Best Possible Deal

​

As drug possession attorneys we don't always get cases that are easily winnable, oftentimes we get very difficult ones that are bad for the defendant. A truly talented criminal defense lawyer is not only able to beat the good cases, but is also able to get the best possible deal for the client even if (legally speaking) it is a terrible case.

​

We have the experience, legal skills, and knowledge to protect you!

​

Call us to discuss your options and develop the best defense strategy for your case.